Person-Centered
Consumer HCBS Education &
Gathering Representative Names
June 2017
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AGENDA
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Learning Objectives
HCBS Updates
Representative Name(s)
Educating Consumers about Limitations
Talking to Providers about Limitation Areas
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LEARNING OBJECTIVES
Participants will:
o Understand expectations and actions for identifying a representative
for future use if an consumer can not longer consent.
o Have a basic understanding of the new HCBS rights and of the
expectations of educating consumers in a person-centered manner
about these rights; and begin advocacy on behalf of consumers
wishing to exercise their rights.
o Understand how to get technical assistance and/or get HCBS-related
questions answered.
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HCBS UPDATES
o CMS extended timeline three years (to March 2022) for all states.
o Proposed solution for “Inability to Consent” under construction.
o Rollout of formal Individually-Based Limitations documentation
moved out from July 1, 2017; proposed new date is July 1, 2018.
o Beginning July 1, 2017, at reassessment:
• Request “Client Representatives”; and
• Provide HCBS rights education & advocacy
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HCBS TRANSITION PLAN: JULY 2017-JUNE 2018
Today we will cover:
o Ensuring consumer’s “Client Representative” information is up-todate;
o Educating consumers in a person-centered manner about their HCBS
rights;
o Advocating for consumers with their Providers.
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HCBS TRANSITION PLAN: STARTING JULY 2018
Next year, we will:
• Assist consumers that have a health/safety risk, and:
o May not be able to safely exercise their HCBS rights; or
o May not understand the consequences of their decisions.
• Formally document any limitations to a consumer’s HCBS rights.
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“CLIENT REPRESENTATIVE”
July 2017
At intake and reassessment, request “Client Representative” information
for:
1. Guardian
2. Spouse
3. Adult Child(ren)
4. Parent(s)
5. Adult Sibling(s)
6. Other Adult Relative(s)
7. Adult Friend(s)
New Policy: Get as many as possible!
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“CLIENT REPRESENTATIVE”
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“CLIENT REPRESENTATIVE”
What if there is no one from the list???
1. Guardian
2. Spouse
3. Adult Child(ren)
4. Parent(s)
5. Adult Sibling(s)
6. Other Adult Relative(s)
7. Adult Friend(s)
Support consumers with
developing new relationships
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APPOINTED REPRESENTATIVE(S)
July 2018
If the consumer:
a)
b)
c)
Is no longer able to make LTC decisions; and
Does not have a “Client Representative”; and
A LTC-related decision has to be made…
The State will appoint a representative.
We will attempt to locate a rep using the list from the “Client
Representative” slides. If none are found, we will appoint
someone.
OAR 461-115-0090(3)
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APPOINTED REPRESENTATIVE(S)
JULY 2018
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HCBS, IN A NUTSHELL
What is the point of HCBS?
To make Home and Community-Based Services, and the settings
where they are delivered, as home-like as possible.
In-Home
HCBS
Institution
NOT HCBS
*As we go over the next few slides, think about whether you have consumers
who do not currently have some of these HCBS Rights.
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HCBS RIGHTS, FREEDOMS & PROTECTIONS
Freedoms, Rights, Protections that may not be limited:
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Access to the broader/greater community
Services in an integrated setting
Accessible setting
Control of personal resources
Privacy, dignity, respect, freedom from coercion and restraint*
Residency agreement
Services in a private room if desired
Services in a non-disability setting if desired
Work, if desired
Person-Centered Planning and Plans
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HCBS RIGHTS, FREEDOMS & PROTECTIONS
1. Access own food at any time
2. Choice in who roommate is in shared units
3. Control own schedule and activities
4. Decorate/Furnish
5. Freedom from Restraint
6. Locks on bedroom/living unit door
7. Visitors of own choosing at any time
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HCBS RIGHTS, FREEDOMS & PROTECTIONS
Access own food at any time
◦ Explain what it means
◦ Assess what is happening
◦ Take action/advocate
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HCBS RIGHTS, FREEDOMS & PROTECTIONS
Choice in who roommate is in shared units
◦ Explain what it means
◦ Assess what is happening
◦ Take action/advocate
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HCBS RIGHTS, FREEDOMS & PROTECTIONS
Control own schedule and activities
◦ Explain what it means
◦ Assess what is happening
◦ Take action/advocate
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HCBS RIGHTS, FREEDOMS & PROTECTIONS
Decorate/Furnish
◦ Explain what it means
◦ Assess what is happening
◦ Take action/advocate
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HCBS RIGHTS, FREEDOMS & PROTECTIONS
Freedom from Restraint
◦ Explain what it means
◦ Assess what is happening
◦ Take action/advocate
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HCBS RIGHTS, FREEDOMS & PROTECTIONS
Locks on bedroom/living unit door
◦ Explain what it means
◦ Assess what is happening
◦ Take action/advocate
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HCBS RIGHTS, FREEDOMS & PROTECTIONS
Visitors of own choosing at any time
◦ Explain what it means
◦ Assess what is happening
◦ Take action/advocate
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PERSON-CENTERED EDUCATION
Does the individual understand?
o YES: Go over the “HCBS Visual Fact Sheet” handout and leave
it with him/her. Talk about his/her goals and how to reach
them.
o NO: (e.g., advanced dementia)
o May not directly have a conversation
o May not leave materials
o May observe the environment
o May talk to people who are important to the individual
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PERSON-CENTERED ADVOCACY
When talking to providers about a resident’s HCBS right
that is not available at this time, ask:
o How can we make that happen?
o Is there a way to make progress in small steps?
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LET’S TALK
After going through the slides today, you have already
thought about consumers in your caseload who do not
currently have all of their HCBS rights.
How might you approach the:
o Consumer who wants to have all their HCBS rights today?
o Provider who is not fully allowing all HCBS rights at this moment in
time?
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PUTTING IT ALL TOGETHER
o Document “Client Representative” in OACCESS
o Count in-person HCBS education as direct contact
o Any follow-up with provider or consumer may
be a direct or indirect contact, as appropriate
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HCBS Q&A CALL-INS
We want your questions! We can talk about the tough cases.
Call-In Ph# 1-888-204-5984
Participant# 3983866
Dates
Friday, July 7, 2017
Friday, July 14, 2017
Friday, July 21, 2017
Friday, July 28, 2017
Wednesday, August 9, 2017
Wednesday, August 23, 2017
Tuesday, September 5, 2017
Tuesday, September 19, 2017
Times
10:00 AM – 12:00 PM PDT
10:00 AM – 12:00 PM PDT
10:00 AM – 12:00 PM PDT
10:00 AM – 12:00 PM PDT
1:30 PM – 3:30 PM PDT
1:30 PM – 3:30 PM PDT
1:30 PM – 3:30 PM PDT
1:30 PM – 3:30 PM PDT
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MORE HCBS QUESTIONS?
Provider Questions:
General:
[email protected]
CBC-Related: [email protected]
AFH-Related: [email protected]
AAA/APD Staff Questions:
Contact:
Bob Weir
Chris Angel
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